Verfügungsverträge

Verfügungsverträge are a fundamental concept in civil law, particularly in German and other European legal systems. They are agreements that directly affect the legal status of a right or property. This means that through a Verfügungsvertrag, a party can transfer, encumber, or otherwise dispose of their ownership or other legal rights.

Key characteristics of Verfügungsverträge include their immediate impact. Unlike an "Verpflichtungsvertrag" (obligation contract), which creates a promise to do something in the future (like a purchase agreement that obliges the seller to transfer ownership), a Verfügungsvertrag achieves the actual legal change. For example, the transfer of ownership of a movable item typically occurs through a Verfügungsvertrag, often accompanied by physical delivery. The transfer of ownership of real estate requires registration in the land register.

Common examples of Verfügungsverträge include sales contracts that transfer ownership, gift contracts that transfer ownership without payment, and contracts that establish or release security interests like mortgages or pledges. The validity of a Verfügungsvertrag is often dependent on the underlying obligation contract, meaning that if the initial agreement to sell is invalid, the subsequent transfer of ownership might also be invalid. The principle of abstractness in some legal systems emphasizes the independence of the disposal act from the underlying cause.